law-guardianship
Whatley v. Walker (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hedges)
(PROBATE LAW: guardianship, service of process, recusal of the judge, disqualification)
Before Chief Justice Hedges, Justices Brock Yates and Brown
AFFIRMED: Opinion by Chief Justice Hedges
14-06-00970-CV Dawn Johnson Whatley, Individually and as Executrix of the Estate of Perry Lee Whatley,
Deceased and Michael Easton v. Mylus James Walker, Jeanine Anderson and Robert Daniel Whatley
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood
This is an appeal from the probate court's final order appointing a guardian over the person and estate of
Perry Lee Whatley (“Perry"). Perry died after the probate court signed the final order at issue in this
appeal, and his widow, Dawn Johnson Whatley (“Dawn"), individually and as the executrix of Perry's estate,
now challenges that final appointment order. Dawn raises four procedural issues challenging the probate
court's jurisdiction to sign the final order of appointment. Appellee, Michael Easton (“Easton"), who claims
to be an assignee of certain claims not before this Court, challenges a show-cause order signed by the
probate court against him. We affirm.
CONCLUSION
The probate court had jurisdiction over the person and estate of Perry Whatley at the time the final
guardianship order was signed. There were no procedural impediments to the entry of the final order at
issue in this appeal. Easton's challenge to the show-cause order and writ of attachment are without merit.
We, therefore, overrule appellants' issues and affirm the probate court's order.